SRI G.K. RATH, PRESIDENT : The brief fact of case of complainant is that, he is a consumer of the O.Ps vide consumer number 712101090218(D-12-E-30) for domestic purpose of his residential house and he has cleared the bills raised by the Ops till 05/2017. It is submitted that the Ops suddenly raised a bill amounting to Rs.8791.83ps in the month of 06/2017 and on approach to the Ops for revision of the said illegal bills, the Ops did not take any action causing mental agony for the complainant. The complainant further submitted that the above referred act of the Ops contravenes the provisions of the Electricity Act and the OERC Rules. Thus alleging illegal act of the Ops, he has filed this case, praying the Forum to direct the Ops not to disconnect the power supply to his premises, to revise the defective bill amount, to issue bill in the name of complainant and to pay Rs.52,000/- towards compensation and costs to the complainant.
2. On the otherhand, the O.P.s in their defence, appeared and filed their counter/version in joint through their A/A – denying the allegation of the complainant –contending that the complainant is not a consumer under the Ops as the consumer number D-12-E-30 (712101090218) was supplied in the name of one Lingaraj Behera and at no point of time there has been any information about the death of consumer or change of name was supplied to the Ops. It is contended that the arrears charged by the Ops is not illegal and does not contravene the provisions of Electricity Act but the same is charged as per Provisional Assessment order u/s 126(2), of Electricity Act. It is further contended that the complainant was paying electricity revenue by availing power supply through defective meter and as per inspection report of Executive Engineer, Vigilance wing Jeypore on 19.05.2017, certain irregularities were found, which invited action u/s 126(2) of Electricity Act, 2003, wherein the complainant has acknowledged the same. Hence Provisional Assessment order u/s 126(2) for a sum of Rs.8036/- was served on him vide Letter No.1474/ dt.19.5.2017 with an advice to file objection, if any against the said assessment, but the complainant did not show any action upon the same. Thus the Provisional Assessment became Final after due date with these and other contentions, denying any deficiency in service on their part, the Ops prayed the Forum to dismiss the case.
3. Both parties have filed some relevant documents in support of their case along with affidavits. Heard from the parties through their respective A/As and perused the material availed on the record.
4. Before going to the other merit of this case, we are inclined to decide the preliminary issue raised by the Ops to the effect that the complainant is not a consumer of the Ops since the meter stands in the name of one Lingaraj Behera, from the cause, title of this case, it was revealed that Lingaraj Behera is the father of the complainant and after the death of Lingaraj Behera, the present complainant being his son is enjoying the electricity service availed by his father and has been paying the bills regularly. Hence the present complainant is the beneficiary of electricity service provided by the Ops to the said premises. Hence it can be safely hold that the complainant is the consumer of Ops and is eligible to maintain the present case before the Forum. The preliminary issue is decided accordingly.
5. While coming to the merit of the case, it is seen that on 19.05.2017, the Executive Engineer, Vigilance, Jeypore, on inspection of the premises of the complainant found certain irregularities, which invited action u/s 126(2) of the Electricity Act, 2003. We have gone carefully through the Provisional Assessment report of dtd 19.05.2017 and the Dump report of dtd.18.05.2017 filed by the Ops. It is seen that the provisional assessment u/s 126 has been made from June 2016 to May 2017 indicating the irregularities seen at the time of inspection.
6. The Dump report says that the meter found defective due to pulse not showing and hence the Ops have prepared the bill as per the load factor units. It is found that the meter seal is OK. Except the remark “Pulse not showing”, the Executive Engineer, Vigilance has not shown any other defect. The OPs stated that the inspection report has been handed over to the complainant, but failed to file the signed/received copy of the inspection report by the complainant. Hence the Ops failed to establish that inspection was conducted in presence of the complainant and the report was delivered to him on acknowledgment.
7. The case of complainant is that he was paying the electric bill regularly till 05/2017 without any dispute but in 06/2017 the Ops raised a bill of Rs.8791.83ps as arrear plus Rs.496.46ps as regular charges which is illegal. Perused the bill statement furnished by the Ops and found that the units have been charged as per the actual consumption with bill amount as assessed on computation. No remark or units or billing pattern has been forthcoming till 05/2017. If the pulse of the meter was not showing, then as to how the Ops assessed the regular bill till 05/2017.
8. It is further seen that the Ops never and nowhere stated that the complainant had drawing electricity bye passing the meter. The Ops have not established that the existing meter was tempered with by the complainant leading to theft. If the pulse was not showing in the meter, the Ops could have raised the issue earlier and directed the complainant to change the meter or they could have changed the meter of the complainant on their own accord by showing and intimating the defect to the complainant, but the Ops have not done so. No such evidence has also come on the file that the meter was not showing the pulse by some over act done by the complainant. Without any cogent evidence of wrong act of the complainant, the Ops have raised bills increasing the consumption. This conduct of the Ops by proceeding arbitrarily and unilaterally is not justified in the eyes of law.
9. In case of malfunctioning or defect of meter, the South Co is duty bound to get it tested by M.E.Lab or sent it to the Chief Electrical Inspector for analysis and examination. Without testing the meter and knowing the reason of defect, the Ops have no right to impose penalty or for average assessment. Further raising excessive bill on the ground that the meter is not showing its pulse cannot be sustained in absence of cogent evidence and proper information to that effect to the consumer.
10. The Ops have relied the order dated 31.10.2016 in R.P No. 03/2014 of Hon’ble State Commission, Odisha to which we have perused and found that the subject matter of that case has no bearing with the present case in hand.
11. From the above facts and circumstances, it was ascertained that the complainant was a regular payer of electricity bills till 05/2017 as per the demand of the Ops and he was not a defaulter.
12. Non showing of pulse in the meter is not the fault of the complainant and the OPs never proved that the complainant was using the electricity unauthorized means bye passing the meter. Hence the complainant is a prudent consumer.
13. Hence it can be concluded that the bill claiming arrear etc through bill 06/2017 is illegal, unsustainable and against the principle of natural justice. Therefore the said bill is quashed and to be revised by the OPs. Further due to such illegal and unfair practice of OPs, the complainant inflicted mental agony but in the peculiar circumstances of this case, we are not inclined to award any compensation and cost in favour of the complainant.
ORDER
i. Hence ordered that the complaint petition filed by the complainant is partly allowed and the OPs being jointly and severally liable are directed to withdraw the arrear bill issued in the month of 06/2017 which was made as per the Provisional Assessment and issue fresh bill as per the actual consumption without demanding any arrear etc, within 30 days from the date of communication of this order.
ii. In the peculiar circumstances of this case, we are not inclined to grant any compensation and cost in favour of the complainant. Pronounced on 27th day of April 2018.
MEMBER MEMBER PRESIDENT
Memo No.______________DF Dt._______________
Copy to the Parties concerned.
PRESIDENT, DCDRF,
NABARANGPUR
